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or system, or make it impossible to use the same in a practicable manner.

Passed October 26, 1891.

35—AN ORDINANCE To authorize the Milwaukee Street Railway Company

and its successors and assigns, of Milwaukee, Wisconsin, to construct and operate its railway on certain streets and roads.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. The Milwaukee Street Railway Company and its successors and assigns is hereby authorized to construct and operate its railway across, along and upon certain streets and roads in the city of Milwaukee as follows: From its present track at the intersection of Walnut street and Fond du Lac avenue northwesterly and Fond du Lac upon said Fond du Lac avenue to the city limits; the con- avenue. struction of the line hereby authorized to be commenced within thirty days and to be completed within six months from the passage and publication of this ordinance.

Provided, that the power used for the propulsion of the Power cars to be operated over said line shall be either electric or animal power, and that the poles necessary to be used in the construction of said line shall be placed at the curb line.

Provided, further, that the tracks hereby authorized shall be constructed, kept, maintained, used and operated in the manner and upon the terms and conditions which are now provided by the ordinances of the city in reference to other tracks laid by said company. And it shall Repair of streets. be the duty of said company to keep so much of any street as is used and occupied by them in operating any railway hereby authorized in good repair and condition so long as it shall be so used and occupied.

Provided, further, that if said company is delayed in the construction or completion of the line authorized by this ordinance, by the order or injunction of any court obtained or continued without the procurement or collusion of said company from completing said route within the time herein specified, then the time of such delay shall

Duration of grant.

Roadway to be paved.

be excluded, and the same time in addition to the period above described shall be allowed in the completion of said railway.

Provided, further, that the right to operate said railway shall extend to July 1, 1924, and no longer, unless further extended by ordinance, being the same period which is fixed by ordinance, by which said company operates its line of railway by authority of ordinances conferring the right to operate said lines to the Milwaukee City Railway Company and the Cream City Railroad Company, of which the Milwaukee Street Railway Company is the successor and assign.

Section 2. It is hereby made a condition precedent to the granting of this franchise that whenever the common council shall direct the board of public works or the proper city officials to cause the paving of the roadway with cedar blocks or other suitable material on Fond du Lac avenue, from Twenty-fifth street to the city limits, said Milwaukee Street Railway Company shall cause the paving of said portion of said Fond du Lac avenue upon which said railway shall be laid and operated as lies between the two outside rails and one foot therefrom toward the curb lines of the same material of which said avenue may be ordered paved by the common council at its own cost and charge. Said paving to be done within a reasonable time after notice has been given to the said Milwaukee Street Railway Company by the board of public works or the authorized city officers to that effect.

A refusal of said street railway company to comply with all the conditions contained in this section shall be deemed a forfeiture of all rights granted by this ordinance.

Section 3. This ordinance shall take effect and be in force from and after its passage and publication.

Passed April 19, 1892.

Forfeiture.

36---AN ORDINANCE .. To authorize the construction and operation of certain

street railways in the city of Milwaukee and for other purposes.

The mayor and common council of the city of Milwaukee do ordain as follows:

Vin

reet.

Section 1. There is hereby given and granted to the Milwaukee Street Railway Company and its successors and assigns, the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches in and along the course of streets in the city of Milwaukee hereinafter mentioned. On Lake street from Clinton Lake street. street to Barclay street, in the Fifth ward. On Howell Howell avenue. avenue from its intersection with Kinnickinnic avenue, southerly to the city limits on Oklahoma avenue or street. On Ellen street from its intersection with Nock street southerly to Kinnickinnic avenue, and on Kinnickinnic Kinnickinnic avenue southerly to the city limits, or as hereinafter may avenue. be determined. On Delaware avenue from its intersec- Delaware avenue. tion with Ellen street, southerly to the city limits, in the Seventeenth ward. On Forest Home avenue from Lin- Forest Home coln avenue southwesterly to the city limits. On Winne- avenue. bago street from its intersection with Chestnut street northwesterly to Eighth street, in the Second ward. On Park place and Park place from its intersection with Murray avenue to Oakland avenue. Oakland avenue and on Oakland avenue northerly to the city limits.

Section 2. There is hereby given and granted to the West Side Street Railway Company and its successors and assigns, the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along the course of the streets in the city of Milwaukee hereinafter mentioned: On Clybourn street from its Clybourn street, intersection with Eleventh street, easterly to Sixth street, Sixth street, Syca

more street, State and on Sixth street from Clybourn northerly to Sycamore Street. street, and on Sycamore street easterly from Sixth street to Third street. On State street from Eleventh street easterly to Seventh street. Provided, that all cost incurred Proviso. in the widening of Sixth street from Clybourn to Sycamore street be borne by the Milwaukee Street Railway Company.

Section 3. There is hereby given and granted to the Milwaukee & Whitefish Bay Railway Company and its successors and assigns the right, permission and authority to lay a double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along the course of the streets of the city of Milwaukee hereinafter mentioned: On Humboldt avenue Humboldt avenue.

First avenue.

from its intersection with Lee street, north to the city limits. On First avenue from its intersection with Maple street, southerly to Lincoln avenue.

Section 4. The construction of the tracks authorized by this ordinance and by other ordinances heretofore granted by the city of Milwaukee to the several companies hereinbefore mentioned, shall be commenced on or before June 1, 1892, and completed before December 1, 1893. Provided, however, that none of said tracks need be constructed upon any street or avenue until the grade upon said street or avenue has been established as provided by law, and the said street or avenue has been made to conform to said established grade. Provided, that the tracks hereby authorized shall be constructed, maintained, used and operated in the manner and upon the terms and conditions which are now provided by the ordinances of the city in reference to other tracks laid by said companies. And it shall be the duty of said company to keep so much of any street as is used and occupied by them in operating any railway hereby authorized, and one foot outside the tracks, in good repair and condition so long as it shall be used, with the same material used by the city to pave and repair the streets. Provided, further, that the right to operate said railway shall extend to July 1, 1924, and no longer, unless further extended by ordinance.

Section 5. This ordinance shall take effect and be in force from and after its passage and publication.

Passed April 19, 1892.

Duration of grant

75—AN ORDINANCE To authorize the Milwaukee Street Railway Company, its

successors and assigns, to extend its tracks on certain streets mentioned therein and for other purposes.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. There is hereby given and granted to the Milwaukee Street Railway Company and to its successors and assigns the right, permission and authority to lay a double track for a railway in and along Harmon street from Island avenue easterly to Holton street, and along Holton street from Harmon street northerly to a connec

Harmon street,
Holton street.

tion with its present tracks at the intersection of Holton street and North avenue, all in the Sixth ward of the city of Milwaukee. And the right hereby granted to said Milwaukee Street Railway Company shall cease and determine if the said tracks are not completed and operated by said Milwaukee Street Railway Company by Jan. 1, 1893.

Section 2. And if the said Milwaukee Street Railway Consideration for Company shall build and operate the street railway pro- grant. vided for in section 1 of this ordinance, then the right heretofore given to the Cream City Railway Company, of which the Milwaukee Street Railway Company is the successor and assign, to operate a railroad upon Island avenue from Harmon street north to North avenue shall cease and determine.

Passed June 27, 1892.

77AN ORDINANCE To authorize the Milwaukee Street Railway Company to

extend its tracks.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. The Milwaukee Street Railway Company, its successors and assigns, is hereby authorized to extend its railway by a double track, with all the necessary switches and turn-tables, from the intersection of Sixth Sixth avenue. avenue and National avenue, southerly along said Sixth avenue to its junction with Windlake avenue.

Section 2. In case the said Milwaukee Street Railway con Company shall extend its line of railroad on Sixth avenue, grant. as provided in this ordinance, then the right heretofore granted to the Milwaukee City Railway Company, of which company the Milwaukee Street Railway Company is the successor and assign, by ordinance passed May 29, 1882, to extend its track from Mitchell street southerly along Fourth avenue to its junction with Windlake avenue, shall cease and determine.

Passed July 11, 1892.

onsiderati

for

48—AN ORDINANCE To authorize the Milwaukee Street Railway Company, its

successors and assigns, of Milwaukee, Wisconsin, to extend its tracks.

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